Don't want to put AIADMK into more trouble: HC on rejecting OPS’ plea

CHENNAI: In a massive victory for Edappadi K Palaniswami, Justice K Kumaresh Babu also dismissed the petitions moved by the ousted leaders O Panneerselvam, PH Manoj Pandian, R Vaithilingam, JCD Prabhakar challenging the resolutions passed in the July 11, 2022 general council meet in which Edappadi K Palaniswami was elected as the interim general secretary of the party.

The court held that the Supreme Court in its February 23 order had already held that the convening of the general council meeting was valid. Therefore, the unanimous decision taken by over 2,000 members of the general council, which had the powers to amend the party bylaws was valid.

"I do not find any balance of convenience or irreparable injury in favour of the applicants to grant injunction. As regards to the claim of the applicants based upon the judgements in 'Lodge Victoria and Ambalal Sarabhai's case' and other judgment is left open to them to agitate the same in the suit. Even though I find a prima facie case in favour of the applicants, I do not find balance of convenience titled in their favour or that any irreparable injury could be caused to them. On the contrary, I am of the view that if any injunction is granted, it would cause irreparable injury to the political party concerned and hence, the injunction sought for against the special resolution will have to also be rejected. After coming to such a conclusion and now granting an injunction to conduct the election for general secretary would only put the political party into more trouble, as it would lead the party concerned to be without any leader," said Justice K Kumaresh Babu in his order.

The court also said that if the contentions made by O Panneerselvam and others were accepted and an injunction was granted, it would result in a situation of 'status-quo ante' ordered by the single judge, which was later reversed by a division bench of the Madras High Court in September, 2022.

The apex court had also affirmed the decision of the division bench and had observed that a situation of status quo would be detrimental to the interests of the party, the court said.

After the order was passed by Justice K Kumaresh Babu, senior counsels for the O Panneerselvam faction C Manishankar and Abdul Saleem made an urgent mention before the division bench comprising Justices R Mahadevan and Mohammed Shaffiq seeking an urgent hearing of their appeals against the single judge order refusing to stall the general secretary election of AIADMK.

The division bench agreed to hear them on Wednesday.

Earlier, the senior counsel who appeared for O Panneerselvam reportedly argued that it was unfair to remove him from the party without giving any opportunity and the coordinator and joint coordinator posts which were recognised by the Election Commission of India still exist and it doesn't expire. "To promote Edappadi K Palaniswami as a general secretary, they had illegally sacked the former Chief Minister and his supporters from the party. Rules have been amended in favour of Edappadi K Palaniswamy in the July 11, 2022 general council meeting for the post of general secretary. They amended the rules by imposing conditions so that the other party members could not compete. If the conditions are removed, O Panneerselvam will also contest in the AIADMK general secretary elections and is ready to withdraw his all the petitions related to AIADMK general council meet which was held on July 11,2022," the O Panneerselvam side counsel pointed out.

Adding to this, the other counsels C Manishankar, Abdul Saleem and Sriram who appeared for R Vaithilingam, PH Manoj Pandian and JCD Prabhakar were also pointed out that the posts of coordinator and joint coordinator still exist and it doesn't expire. They also contended that the removal of the top man and the other MLAs, office bearers were done with vengeance and no valid reason behind that.

However, senior counsel CS Vaidyanathan and Vijay Narayan argued that the posts of coordinator and joint coordinator were not expired but 'cancelled' by the party's powerful general council members. "AIADMK is a party which was running under the 'general secretary' for 47 years in its 52 years of history. Coordinator and joint coordinator posts were created by the general council members and the same posts were cancelled after 5 years in 2022. The plaintiff O Panneerselvam runs a separate party as he sacked Edappadi K Palaniswami and many and he also appointed various new office bearers to his own party. As the Supreme Court validates the general council meet which was held on July 11,2022, the resolutions were passed in that general council meet are valid and the court should lift the conditions over general secretary elections and allow the party to declare the results," the AIADMK side counsel argued in the court.